Man with HIV sentenced to probation

A Wake County man was sentenced today to 30 months of probation for endangering public health by exposing others to HIV.

Joshua Weaver, a 23-year-old disc jockey, pleaded guilty to violating the state's public health control law by exposing others to the incurable, sexually transmitted disease. In a plea agreement he agreed to go jail for 40 days if he violates his probation.

It was the first time in more than 15 years that a Wake county resident was charged with violating the public health law, said Gibby Harris, Wake County's public health director.

Prosecutors charged that Weaver failed to use a condom during sexual intercourse. They also accused him of not alerting his sexual partners or those he might share needles with that he is HIV-positive.

North Carolinians diagnosed with HIV are obligated by law to change their behavior to limit others' exposure to the virus that can lead to AIDS. They are supposed to sign an agreement, which in part orders them to practice safe sex and be honest with partners about their status.

Health directors keep tabs on HIV patients' adherence by checking to see whether they contract other sexually transmitted diseases or whether newly diagnosed patients list them as sexual partners, Harris said.

She could not speak about Weaver's case specifically. Generally, Harris said, health officials try other means to compel an infected patient to follow the control measures.

The ultimate penalty for straying from the rules: up to two years in prison.

Last year, only 16 people in North Carolina were convicted of violating public health law related to communicable diseases. Many of them had other communicable diseases such as tuberculosis or hepatitis.